Don Herzog

Last updated
Don Herzog
BornApril 7, 1956
Awards Golden Apple Award
Era 21st-century philosophy
Region Western philosophy
Institutions University of Michigan
Main interests
consent theory, sovereignty, constitutional interpretation, torts, the First Amendment

Don Herzog (born April 7, 1956) is an American political scientist and Edson R. Sunderland Professor of Law at the University of Michigan. He is known for his works on consent theory and sovereignty and is a winner of the Golden Apple Award. [1] [2] [3] [4]

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<span class="mw-page-title-main">Sovereignty</span> Supreme authority within a territory

Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people in order to establish a law or change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.

<span class="mw-page-title-main">Social contract</span> Concept in political philosophy

In moral and political philosophy, the social contract is an idea, theory or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution.

Public choice, or public choice theory, is "the use of economic tools to deal with traditional problems of political science." Its content includes the study of political behavior. In political science, it is the subset of positive political theory that studies self-interested agents and their interactions, which can be represented in a number of ways—using standard constrained utility maximization, game theory, or decision theory. It is the origin and intellectual foundation of contemporary work in political economy.

A number of organizations and academics consider the Nation of Islam (NOI) to be antisemitic. The NOI has engaged in Holocaust denial, and exaggerates the role of Jews in the African slave trade; mainstream historians, such as Saul S. Friedman, have said Jews had a negligible role. The NOI has repeatedly rejected charges made against it as false and politically motivated.

bell hooks American author and activist (1952–2021)

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<span class="mw-page-title-main">Ronald Dworkin</span> American legal philosopher (1931–2013)

Ronald Myles Dworkin was an American legal philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H. L. A. Hart.

Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Popular sovereignty, being a principle, does not imply any particular political implementation. Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns".

<span class="mw-page-title-main">Catharine A. MacKinnon</span> American feminist scholar and legal activist

Catharine Alice MacKinnon is an American feminist legal scholar, activist, and author. She is the Elizabeth A. Long Professor of Law at the University of Michigan Law School, where she has been tenured since 1990, and the James Barr Ames Visiting Professor of Law at Harvard Law School. From 2008 to 2012, she was the special gender adviser to the Prosecutor of the International Criminal Court.

<span class="mw-page-title-main">Robert Paul Wolff</span> American political philosopher

Robert Paul Wolff is an American political philosopher and professor emeritus at the University of Massachusetts Amherst.

<span class="mw-page-title-main">Self-ownership</span> Concept of property in ones own person

Self-ownership is the concept of property in one's own body, often expressed as the moral or natural right of a person to have bodily integrity meaning the exclusive right to control one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this. Since the legal norm of property title claim incapacitates other people from claiming property title over the same resource at the same time, the right to control or interfere with one's own body in any arbitrary way is secured. Anarcho-capitalism defines self-ownership as the exclusive right to control one's body as long as the owner does not aggress upon others, leading to the concept of the sovereign individual. In Minarchism the 'exclusive right' is understood by separating the 'liberty-to' from the 'liberty-from' where for each person the 'liberty-to' is restricted by all the 'liberty's-from' of others, effectively subjecting the 'liberty-to' to the ban on the usage of force. Thereafter self-ownership means the exclusive right to control one's body insofar considering action between inhabitants and not involving the state, making it roughly a pacifist morality only among inhabitants. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism and liberalism.

<span class="mw-page-title-main">David Graeber</span> American anthropologist and activist (1961–2020)

David Rolfe Graeber was an American anthropologist and anarchist activist. His influential work in economic anthropology, particularly his books Debt: The First 5,000 Years (2011), Bullshit Jobs (2018), and The Dawn of Everything (2021), and his leading role in the Occupy movement, earned him recognition as one of the foremost anthropologists and left-wing thinkers of his time.

<span class="mw-page-title-main">George Fitzhugh</span> American sociologist (1806–1881)

George Fitzhugh was an American social theorist who published racial and slavery-based social theories in the antebellum era. He argued that the negro was "but a grown up child" needing the economic and social protections of slavery. Fitzhugh decried capitalism as practiced by the Northern United States and Great Britain as spawning "a war of the rich with the poor, and the poor with one another", rendering free blacks "far outstripped or outwitted in the chase of free competition." Slavery, he contended, ensured that blacks would be economically secure and morally civilized. Some historians consider Fitzhugh's worldview to be proto-fascist in its rejection of liberal values, defense of slavery, and perspectives toward race.

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Consent theory is a term for the idea in social philosophy that individuals primarily make decisions as free agents entering into consensual relationships with other free agents, and that this becomes the basis for political governance. An early elaborator of this idea was John Locke, from whom the expression "all men are created equal" can be traced. Consent theory goes back at least to the 16th century.

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Wael B. Hallaq is the Avalon Foundation Professor in the Humanities at Columbia University, where he has been teaching ethics, law, and political thought since 2009. He is considered a leading scholar in the field of Islamic legal studies, and has been described as one of the world's leading authorities on Islamic law.

Popular sovereignty is the principle that the leaders of a state and its government are created and sustained by the consent of its people, who are the source of all political legitimacy. Citizens may unite and offer to delegate a portion of their sovereign powers and duties to those who wish to serve as officers of the state, contingent on the officers agreeing to serve according to the will of the people. In the United States, the term has been used to express this concept in constitutional law. It was also used during the 19th century in reference to a proposed solution to the debate over the expansion of slavery in the United States. The proposal would have given the power to determine the legality of slavery to the inhabitants of the territory seeking statehood, rather than to Congress.

Criticism of democracy, or debate on democracy and the different aspects of how to implement democracy best have been widely discussed. There are both internal critics and external ones who reject the values promoted by constitutional democracy.

Holly Brewer, is a legal historian. Since 2011, she has been Burke Professor of American History and Associate Professor of History at the University of Maryland, College Park. Before that, she was Assistant, Associate, and Full Professor of History at NC State in Raleigh, NC. She is also the director of the Slavery, Law, and Power project, an effort dedicated to bringing the many disparate sources that help to explain the long history of slavery and its connection to struggles over power in early America, particularly in the colonies that would become the United States.

Audra Simpson is Professor of Anthropology at Columbia University. Her work engages with Indigenous politics in the United States of America and Canada and cuts across anthropology, Indigenous studies, American and Canadian studies, gender and sexuality, and political science. She is the author of the prize-winning book Mohawk Interruptus: Political Life Across the Borders of Settler States. Simpson has won multiple teaching awards from Columbia University, and was the second anthropologist to win the Mark Van Doren Award for Teaching in the prize's history. Simpson is a citizen of the Kahnawà:ke Mohawk Nation.

References

  1. Shurson, Jessica (March 2021). "Don Herzog, Sovereignty, RIP, New Haven and London: Yale University Press, 2020, 299 pp, hb £30.00". The Modern Law Review. 84 (2): 424–427. doi:10.1111/1468-2230.12586. ISSN   0026-7961.
  2. Gathii, James (7 July 2020). "Burying Sovereignty All Over Again: A Brief Review of Don Herzog's Sovereignty RIP". EJIL: Talk!.
  3. Sloane, Adam C. (1990). "Happy Slaves: A Critique of Consent Theory". Michigan Law Review.
  4. Thompson, Martyn P. (1992). "Review of Happy Slaves: A Critique of Consent Theory". History of Political Thought. 13 (2): 367–370. ISSN   0143-781X.